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Opportunities to Emphasize Fisheries Concerns in Federal Agency Decision‐making: An Introduction
Author(s) -
Ballweber Jeffery A.,
Jackson Donald C.
Publication year - 1996
Publication title -
fisheries
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.725
H-Index - 79
eISSN - 1548-8446
pISSN - 0363-2415
DOI - 10.1577/1548-8446(1996)021<0014:otefci>2.0.co;2
Subject(s) - national environmental policy act , agency (philosophy) , business , fisheries law , mandate , environmental law , action (physics) , federal law , environmental planning , wildlife , process (computing) , environmental impact statement , legislation , fisheries management , environmental resource management , public administration , political science , law , environmental impact assessment , fishing , ecology , environmental science , philosophy , physics , epistemology , quantum mechanics , biology , computer science , operating system
Many federal agencies engage in activities that can significantly affect fisheries habitat. Although laws such as the Clean Water Act (CWA) and Endangered Species Act (ESA) establish assorted federal natural resource policies by creating, defining, or regulating rights, no comprehensive law requires federal agencies to prevent threats to fish and fish habitat in their activities. However, procedural laws mandate that agencies consider effects on fisheries in the decision‐making process prior to taking action. While some laws are purely procedural, many—such as the CWA and the ESA—have both substantive and procedural components. The federal agency decision‐making process was standardized by the Administrative Procedure Act of 1946 (APA). Subsequently, the Fish and Wildlife Coordination Act (FWCA) and the National Environmental Policy Act of 1969 (NEPA) compelled federal agencies to fully consider possible environmental consequences of their activities before taking action. A basic understanding of the APA and NEPA will allow fisheries professionals to use their expertise to ensure that decision makers are cognizant of the fisheries implications of the proposed action. This article introduces the decision‐making process so fisheries managers can more effectively participate in the process.